September,18,2016

Right of one Woman can not be upheld at the cost of another Woman, says Govt.

On Friday an affidavit has been in the  filed Supreme Court by the Center stating that the  mother or the daughter can invoke Domestic Violence Act against her son or brother but not against her daughter-in-law or sister-in-law.

This is to ensure that right of a woman is not upheld at the cost of another woman.

Protection of Women from Domestic Violence Act, 2005, is generally invoked by the women who  face domestic, matrimonial and dowry-related violence against husbands and in-laws.

Center in its affidavit to the Apex Court stated that  a mother or a sister can only invoke this law against her son or brother, and not against her daughter-in-law or sister-in-law.

It means the law against domestic violence could be invoked against a man not just by his wife or female partner but also by his mother or sister.

Center was responding to a notice which had been issued by the Supreme Court Bench headed by Justice Ranjan Gogoi which which had in December 2015 asked Center to clarify whether a mother-in-law could also seek action against her daughter-in-law under the  DV Act.

Apex Court had been approached by a woman from Mumbai seeking protection from the prosecution after the Bombay HC, ruled expounded that she could be prosecuted under the Domestic Violence Act on complaint from her mother-in-law.

The woman had challenged Bombay High Court’s verdict which had read down the Section 2(q), DV Act on the ground that it discriminated among women victims.

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